DOH Issues Reminder to Read CHRC Letters

Karen Morris in Clinical & Quality

The following informational message has been posted to the HCS: This informational message is being issued to re-emphasize to nursing homes, certified home health agencies, licensed home care service agencies, and long term home health care programs (covered providers), the importance of reviewing employment determinations made by the Criminal History Record Check (CHRC) Program.

Article 28-E of the Public Health Law requires covered providers to submit criminal history record check requests (including fingerprint cards) for non-licensed employees providing direct patient care. In cases where the CHRC Legal Review Unit has issued a Pending Denial, Final Denial or Hold in Abeyance letter, such employee must be immediately removed from providing direct care or supervision to patients, residents, or clients of the provider.

Executive Law Section 845-b provides that only the Authorized Person (AP) is permitted to request, receive and review criminal history information provided by the Department. CHRC sends the employment determinations from those background checks to providers using the Health Commerce System (HCS). Only APs designated by CHRC program have access to CHRC information and are permitted to submit the requests and view the results.

You must review your File Viewer daily to determine if there are any new letters to be read. Providers are expected to remain in compliance with all CHRC requirements.
Letters not read are displayed in the color red within the File Viewer.

Department legal staff has noticed that on several occasions APs did not open and read letters related to negative determinations, where individuals should have been removed from direct care and supervision or terminated.

It is imperative that all employment determination letters be opened and acted upon in a timely manner. The proper and immediate review of CHRC correspondence will ensure that the critical care needs and safety of the vulnerable population will be maintained.

If you need a status for any individuals, or have any questions please contact, chrc@health.state.ny.us.

NYSHFA contact: 

Karen Morris
Director, Clinical & Quality Services
518-462-4800 ext 15